Legal Opinion

Duross v. Broderick

Missouri Court of Appeals

Decided January 24, 1899PublishedCited by 2 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Rudolph ITirzel, Judge. The plaintiffs fully and legally established their right to a mechanic’s lien under the statute, and the trial court, therefore, erred in the instructions given at request of defendant, Emilie O. Broderick. 1 R. S. 1889, sec. 6726, p. 1577; Earley v. Stroeh, 68 Mo. App. 85; Phillips’ Mechanic Liens [3 Ed.], secs. 104- and 182; Oollins v. MeGraw, 4:7 Mo. 495; McDonald v. Stevens, 67 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. Rudolph ITirzel, Judge. The plaintiffs fully and legally established their right to a mechanic’s lien under the statute, and the trial court, therefore, erred in the instructions given at request of defendant, Emilie O. Broderick. 1 R. S. 1889, sec. 6726, p. 1577; Earley v. Stroeh, 68 Mo. App. 85; Phillips’ Mechanic Liens [3 Ed.], secs. 104- and 182; Oollins v. MeGraw, 4:7 Mo. 495; McDonald v. Stevens, 67 Mo. App. 408; Burgewald v. Weippert, 49 Mo. 60; Carthage Lime Co. v. Bauman, 44 Mo. App. 386; also, again, 55 Mo. App. 204"; Barker…

1Opinion of the CourtBland, P. J.

The petition was on an account for a balance due plaintiffs for material sold and delivered to Samuel Siegrist, one of the defendants, and used by Siegrist in the reconstruction of a dwelling house near Glencoe, St. Louis county, under a contract made with John J. Broderick, the husband of Emilie. John J. Broderick was made a party defendant to the suit. The object of the suit was to obtain a personal judgment against Siegrist for the balance due on the account and to enforce a mechanic’s lien against the dwelling and the one acre of ground upon which it is situated. Siegrist made default and…

2Cases cited4 opinions

  1. Kansas City Planing Mill Co. v. BrundageMissouri Court of Appeals · 1887
  2. Hause v. CarrollSupreme Court of Missouri · 1866
  3. Kline v. PerryMissouri Court of Appeals · 1892
  4. Hause v. ThompsonSupreme Court of Missouri · 1865

3Cited by2 opinions

  1. Louisiana & Gulf Lumber Co. v. O'ConnellMissouri Court of Appeals · 1901
  2. Hengstenberg v. HoytMissouri Court of Appeals · 1904

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